CHAPTER 8 - Commercial Law Chapter 8 CHAPTER EIGHT...

Commercial Law Chapter 8 CHAPTER EIGHT INTELLECTUAL PROPERTY I. Trademarks and Related Property A. Introduction 1. Intellectual Property- consists of products that result from intellectual, creative processes. Forms of intellectual property: a. Trademarks b. Service marks c. Copyrights d. Patents 2. Trademark- a distinctive mark, motto, device, or implement that a manufacture stamps, prints, or otherwise affix to the goods it produced so it can be identified with the mark B. Statutory Protection of Trademarks 1. Lanham Act of 1946- statutory protection of trademarks and related property is provided at the federal level a. Only those trademarks that are deemed sufficiently distinctive from all competing trademarks will be protected b. The likelihood that consumers will be “confused” by similar marks c. A person need not a registered trademark to sue for trademark infringement d. Infringed- used without authority 2. In 1995, Congress amended the Lanham Act with the Dilution Act 3. Dilution Act- Trademark dilution laws protect “distinctive” or “famous” trademarks (McDonalds) from certain unauthorized uses of the marks “regardless” of showing of competition or likelihood of confusion a. Some Courts require proof that the defendant’s use would cause “ actual lessening ” of selling power b. Other Courts require only showing “ likelihood of dilution ” c. In 2003, Courts resolved the issue in favor of actual lessening of selling power and some Court held that evidence must be established that the junior’s use of the J. Duong 1

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